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Vol 21 No 10 Oct/Nov 2016

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Evidence, Proof, and Fact-Finding in WTO Dispute Settlement


ISBN13: 9780199572649
Published: December 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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This book examines the process through which a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a case, i.e. the process of fact-finding or process of proof.

The Dispute Settlement Understanding provides general guidance but few direct answers to specific questions regarding the process of fact-finding, which has placed upon panels and the Appellate Body the responsibility to provide answers to those questions as they have arisen in the cases.

This book reviews the extensive jurisprudence developed in the 14 years of operation of the WTO dispute settlement system with a view to (a) determining whether panels and the Appellate Body have set out optimal rules to govern the process of fact-finding and, to the extent that that is not the case, (b) to make suggestions for improvement.

Subjects:
International Trade
Contents:
Introduction
1: Optimizing the Process of Fact-Finding
2: Basic Concepts: Burden of Proof, Standard of Proof, and Presumptions
3: Discharging the Burden of Proof in WTO Dispute Settlement
4: The Allocation of the Burden of Proof
5: The Main Actors in the Process of Fact-Finding and the Development of the Factual Record
6: Conclusion